Wednesday, July 13, 2011
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Senators ask ABA about law student unemployment

U.S. Senators Barbara Boxer, D-Cal., and Chuck Grassley, R-Iowa, separately have expressed concern to American Bar Association President Stephen Zack about law graduate unemployment rates and the veracity of reported job statistics. Sen. Grassley took the issue one step further, asking the ABA to explain why it has not established job placement requirements, policies for recording complaints, ways to track student loan default rates and policies for explaining accreditation decisions, as required by the National Advisory Committee on Institutional Quality and Integrity. Grassley said that because of those failures, the committee barely renewed the ABA's accreditation powers this year. The ABA responded that it will be able to comply with all requirements by the deadline.

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TODAY'S OPINIONS
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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.
STATE OF TENNESSEE v. MICHAEL DESEAN BRELAND

Court: TCCA

Attorneys:

William E. Griffith, Nashville, Tennessee, for the Appellant, Michael Desean Breland.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and J. Wesley King, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Michael Desean Breland, pled guilty to two counts of theft of property, and the trial court sentenced him to two concurrent eight-year sentences to be served on probation. Subsequently, the trial court twice found the Defendant was in violation of the terms of his probation, and it revoked the Defendant's probation and ordered him to serve the remainder of his sentence in confinement. On appeal, the Defendant contends the trial court erred when it placed his original sentence into effect rather than allow him to return to probation with the condition that he complete an alcohol abuse treatment program. After a thorough review of the record and applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/brelandm_071311.pdf
STATE OF TENNESSEE v. TALMADGE S. CROWDER

Court: TCCA

Attorneys:

Mike Mosier, Jackson, Tennessee (on appeal), and James Marshall, Columbia, Tennessee (at trial) for the appellant, Talmadge S. Crowder.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Thomas H. Swink, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Talmadge S. Crowder, challenges the revocation of his diversionary status, maintaining that the trial court abused its discretion in determining that he violated an Order of Protection and using that violation as a basis for the revocation. After a thorough review of the record, we conclude that there was sufficient evidence for the trial court to determine that the defendant violated the terms of his release by violating an Order of Protection, and we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/crowdert_071311.pdf
STATE OF TENNESSEE v. MIRA EVA HARRIS

Court: TCCA

Attorneys:

J. Colin Morris, Jackson, Tennessee, for the appellant, Mira Eva Harris.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Anna B. Cash, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Mira Eva Harris, pled guilty, in two different indictments, to two counts of driving under the influence ("DUI"), two counts of DUI as a prior offender, driving on a revoked license, driving on a revoked license as a prior offender, violation of the implied consent law, and violation of the open container law. After merger with the appropriate prior offender charges, the defendant was sentenced to eleven months and twenty-nine days on each of the two DUI convictions and eleven months and twenty-nine days on the driving on a revoked license conviction, all to be served consecutively, as well as eleven months and twenty-nine days for violation of the implied consent law with five days served consecutively to the other sentences. On appeal, the defendant presumably challenges the sentences imposed by the trial court. Following our review, we affirm the judgments below.

http://www.tba2.org/tba_files/TCCA/2011/harrism_071311.pdf
STATE OF TENNESSEE v. MICHAEL D. HAWK
CORRECTION: On page 6, under the heading of "Confinement" two new paragraphs are added. On page 7, a sentence is added to the first paragraph

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender, and William J. Harold, Assistant Public Defender, Lewisburg, Tennessee, for the appellant, Michael D. Hawk.

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; Charles Frank Crawford, District Attorney General; and Hollyn Eubanks and Ann L. Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

On February 16, 2010, the defendant, Michael D. Hawk, entered an open plea in case numbers S1000006 and S1000007 to three counts of burglary, Class D felonies; six counts of theft over $1,000, Class D felonies; eight counts of theft under $500, Class A misdemeanors; two counts of criminal trespass, Class C misdemeanors; and one count of vandalism under $500, a Class A misdemeanor. The trial court imposed a total effective sentence of six years, to be served in the Tennessee Department of Correction as a Range I, standard offender. On appeal, the defendant argues that his sentence is excessive and disputes the denial of alternative sentencing. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/hawkm_COR_071311.pdf
EUNUS ALTON HOWELL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Eunus Alton Howell, Pro Se, Clifton, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter, Brent C. Cherry, Assistant Attorney General; Mike Bottoms, District Attorney General, and Deshea Dulany, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Eunus Alton Howell, appeals from the dismissal of his petition for writ of habeas corpus. Petitioner was convicted in 1983 of armed robbery and sentenced to life imprisonment as a persistent offender. Petitioner's sentence and conviction were affirmed on appeal. State v. Howell, 672 S.W.2d 442, 443 (Tenn. Crim. App. 1984). In 2010, Petitioner sought habeas corpus relief on the alleged basis that he was indicted on a charge that did not exist. The habeas corpus court dismissed the petition without a hearing. Petitioner appeals. After a review, we determine that the habeas corpus court properly dismissed the petition for relief.

http://www.tba2.org/tba_files/TCCA/2011/howelle_071311.pdf
MATTHEW JACKSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Matthew Jackson, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie Price, Assistant Attorney General; and Lawrence Ray Whitley, District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

In August 2001, the Petitioner, Matthew Jackson, pled guilty to two counts of aggravated robbery for which he received two concurrent ten-year sentences. In November 2010, the Petitioner filed a petition for a writ of error coram nobis alleging the existence of newly discovered evidence. The coram nobis court denied relief without a hearing. On appeal, the Petitioner contends the coram nobis court abused its discretion when it denied his petition for coram nobis relief. Having reviewed the record and relevant authorities, we affirm the coram nobis court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/jacksonm_071311.pdf
STATE OF TENNESSEE v. TRAVIS LURRY

Court: TCCA

Attorneys:

Kari I. Weber, Assistant Public Defender, for the appellant, Travis Lurry.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; D. Michael Dunavant, District Attorney General; and Terry Dycus and Joe Van Dyke, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Travis Lurry, appeals the denial of his request for judicial diversion, arguing that the trial court abused its discretion by improperly weighing the factors for and against diversion. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/lurryt_071311.pdf
STATE OF TENNESSEE v. RHONDA LOUISE MEDLEY

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, Rhonda Louise Medley.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Charles F. Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Rhonda Louise Medley, was convicted in the Bedford County Circuit Court of five counts of rape of a child and subsequently sentenced to an effective term of forty years in the Department of Correction. On appeal, the defendant challenges her convictions and sentences, specifically asserting that: (1) the evidence was insufficient to support the convictions; (2) the trial court erred in imposing consecutive sentencing; and (3) the trial court erred in denying the motion to declare Tennessee Code Annotated section 39-13-522(b)(2)(A) unconstitutional. Following review of the record, we conclude that the evidence was sufficient to support the convictions and that the challenged portion of the statute is not unconstitutional. However, while the trial court appears to have appropriately applied consecutive sentencing, it erred in imposing fifteen-year terms for Counts Two through Five because Tennessee Code Annotated Section 39-13-522(b)(2)(A) mandates that these sentences be set at a minimum of twenty-five years each. As such, we vacate those sentences and remand for resentencing with regard to those convictions, as well as for reconsideration of the imposition of consecutive sentencing in light of the ordered changes in the sentence lengths. The decision of the trial court is affirmed in all other respects.

http://www.tba2.org/tba_files/TCCA/2011/medleyr_071311.pdf
JAMIE SCOTT MOORE v. SHERIFF ROBERT ARNOLD and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jamie Scott Moore, Pro Se, Murfreesboro, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter, and Lindsy Paduch Stempel, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

This matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Jamie Scott Moore, has appealed the trial court's order dismissing his petition for writ of habeas corpus in which Petitioner alleged that his convictions for two counts of criminal attempt to sell methamphetamine are void because they were not ordered to be served consecutively to a previous conviction for which he was on parole at the time he committed the offenses. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition for habeas corpus relief and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/moorej_071311.pdf
YOUNG BOK SONG v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Young Bok Song, Pro Se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter, Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Young Bok Song, appeals from the trial court's dismissal of a petition for writ of error coram nobis. Petitioner is currently serving a 65 year sentence for seven counts of rape of a child and four counts of aggravated sexual battery. See State v. Young Bok Song, No. M2004-02885-CCA-R3-CD, 2005 WL 2978972, at *12 (Tenn. Crim. App., at Nashville, Nov. 4, 2005), perm. app. denied, (Tenn. Mar. 27, 2006). The petition for writ of error coram nobis alleged that Petitioner was: (1) being illegally restrained as a result of actions by the criminal court; (2) that trial counsel was ineffective for challenging various issues at trial and on appeal; and (3) that his case should be considered by "the Presidential Speech,"public concern, and by the judgment of the International Court of Justice. After a review of the record, we determine that the trial court properly denied coram nobis relief. Consequently, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/songy_071311.pdf
STATE OF TENNESSEE V. DEMARIO THOMAS

Court: TCCA

Attorneys:

Vicki M. Carriker, Memphis, Tennessee, for the Appellant, Demario Thomas.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; Ray Lapone and Paul Hagerman, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Demario Thomas, pled guilty to second degree murder, a Class A felony, and the trial court sentenced him to twenty-three years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court's sentence is excessive. After a thorough review of the record and the applicable law, we modify the trial court's judgment to a sentence of twenty-one years in the Tennessee Department of Correction.

http://www.tba2.org/tba_files/TCCA/2011/thomasd_071311.pdf
MARLON WILLIAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Matthew R. Armour, Somerville, Tennessee, for the appellant, Marlon Williams.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Petitioner, Marlon Williams, appeals the Fayette County Circuit Court's denial of post-conviction relief from his convictions for possession of marijuana, a Class E felony, and possession of a firearm in the commission of a felony, a Class D felony. He is serving one year for possession of marijuana consecutively to three years for possession of a firearm. The Petitioner contends that he did not receive the effective assistance of counsel in connection with his guilty plea to the possession of a firearm charge and that his pleas were not knowingly and voluntarily entered because he did not understand that the firearm conviction required 100 percent service of the sentence. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/williamsm_071311.pdf
TODAY'S NEWS
Legal News
General Assembly News
Congressional News
Career Opportunities
Disciplinary Actions
TBA Member Services
Legal News
Haslam requests disaster aid for 7 counties
Gov. Bill Haslam has asked President Obama to declare seven Tennessee counties -- Anderson, Claiborne, Grainger, Henderson, Knox, Loudon and Marion -- as federal disaster areas after a round of severe storms, straight-line winds, flooding, hail and tornadoes hit the area June 18-25. The request asks for individual assistance and disaster legal services in Knox and Claiborne counties, while the other counties would receive only public assistance for infrastructure repair and remediation.
Read the governor's announcement
Judge Thomas to take helm of rotary club
Hamilton County Circuit Court Judge W. Neil Thomas III will be sworn in as the 98th president of the Chattanooga Downtown Rotary Club this week. In speaking about his term of office, Thomas says he intends to modernize the club's efforts, attract younger leaders and promote the club's mission of "service above self" in new ways. Club members will welcome Thomas to his post with a roast on Thursday.
The Chattanoogan has more
TAJ announces award recipients
The Tennessee Association for Justice recently named R. Sadler Bailey of Memphis, Bruce Fox of Clinton, and Randy Kinnard of Nashville as the recipients of its Paladin Award. The award recognizes a TAJ member from each grand division who demonstrates superior skills and achieves an outstanding result for a client against great obstacles. Bailey is founder of Bailey & Greer and is a past TAJ president. Fox is a partner and co-founder of Fox & Farley. Kinnard is the founder of Kinnard, Clayton & Beveridge, where he practices personal injury and medical malpractice law.
Read more about the winners
Opinion: Obesity justifies removal proceedings
A commentary in this week's issue of the Journal of the American Medical Association suggests that parents of extremely obese children should lose custody for not controlling their kids' weight. The authors, a doctor and a lawyer, say putting children in temporarily foster care can be more ethical than subjecting them to obesity surgery.
The New York Times reports
With song-stealing suits rising, group offers insurance
Copyright infringement lawsuits alleging song-stealing are on the rise, according to industry analysts. To help songwriters deal with the costs of defending themselves in such cases, the Nashville Songwriters Association International is launching a copyright insurance program that will make group rate insurance coverage available to its members. The coverage will protect songwriters in the event they are named in a copyright infringement or libel lawsuit. The program is believed to be a first-of-its-kind created for professional songwriters.
The Tennessean reports
Drug task force audit reveals problems
An audit of Tennessee's 24 local judicial drug task forces has found that six are plagued with problems of sloppy record keeping, double billing and missing equipment. In one case, auditors say the 10th Judicial District Drug Task Force inappropriately paid out $1,000 in travel advances and did not have documentation for nearly $54,000 worth of credit card expenditures. Local officials are pledging to resolve the issues.
The Cleveland Banner reports
Judge: Get lawyer or go to jail
A Shelbyville man charged with attempted murder will have to have a lawyer for his next court appearance or will be taken into custody. While appearing in General Sessions Court yesterday, Lavario Kibble -- who has been free on a $200,000 bond -- was told by the judge that if he could afford the bond, he could afford a lawyer.
The Shelbyville Times Gazette has more
General Assembly News
Tracy named to Commerce Committee
State Sen. Jim Tracy, R-Shelbyville, has been named to the Senate Commerce, Labor and Agriculture Committee, according to Lt. Gov. Ron Ramsey. Tracy takes the seat vacated by Jamie Woodson, who left the Senate to take over as the head of the education reform group SCORE.
The Tennessean's In Session political blog reports
Congressional News
GOP steps up 'Fast and Furious' investigation
Believing that the "Operation Fast and Furious" scandal reaches into the highest levels of the Justice Department, congressional Republicans are demanding the attorney general's office turn over emails, documents and other material. The effort is designed to determine what, if any, role senior officials at the department played in the gun-tracing operation that allowed thousands of U.S. semiautomatic weapons to fill the arsenals of Mexican drug cartels.
WREG News has the story
Career Opportunities
Criminal lawyer sought for DA's office
The Office of the District Attorney General for the Second Judicial District is seeking an attorney for an opening in its criminal court division. Applicants should have criminal law experience with a preference given to applicants with criminal court trial experience. The position is located in the Tri-Cities area. Interested individuals should contact Noreen Cruff at (423) 279-3278 ext. 11 or rncruff@tndagc.org for more information.
Learn more on JobLink
Disciplinary Actions
Memphis lawyer reinstated
Geoffrey Lee Lewter of Memphis was reinstated to the practice of law on July 7 after paying his 2010 and 2011 Board of Professional Responsibility registration fees and filing his 2010 IOLTA compliance statement. No further order of the court was required for his reinstatement once he complied with the requirements and paid associated late penalties.
Chattanooga lawyer reinstated
Jason Russell Fogle of Chattanooga was reinstated to the practice of law on July 7 after paying his 2010 and 2011 Board of Professional Responsibility registration fees and filing his 2010 IOLTA compliance statement. No further order of the court was required for his reinstatement once he complied with the requirements and paid associated late penalties.
TBA Member Services
Use the TBA rewards card
A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free (866) 438-6262 or
click here for more information.

 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.
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